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ROY B. HOVEL <br /> ATTORNEY AT LAW <br /> 235 E MAIN ST. -P.O. Box 43 <br /> SUN PRAIRIE,WIS. 53590 <br /> November 12, 1987 <br /> Town of Burke, Dane County <br /> Attn. Mrs. Stephanie Jensen, Clerk <br /> 4016 E. Washington Avenue <br /> Madison, WI 53704-3784 <br /> Dear Mrs. Jensen: <br /> Thank you for providing me with minutes of the Town of Burke <br /> Planning Commission meeting of August 25, 1987 and those of the <br /> meeting of the Town of Burke Board held on September 1 , 1987 which <br /> related to the rezoning requests of the Suchomels on the 9 acre <br /> parcel at the corner of Highway C and Hoepker Road. <br /> After studying the minutes, nowhere in those minutes do I <br /> find the requirement of the land owner to give a "deed <br /> restriction" to fulfill the condition "that there be no outside <br /> storage" . The minutes therefore do not support what you had <br /> mentioned in our four-way telephone conversation on Friday, <br /> November 6, in that regard. <br /> Rather, the actions of the Planning Commission and of the <br /> Town Board only specifically state one condition that is <br /> automatically incorporated under the C-1 zoning ordinance of Dane <br /> County, as Mr. Fleck explained in our conference. <br /> Therefore I request that if you do not accept Mr. Fleck' s <br /> "interpretation" of the Dane County Zoning Ordinance in that <br /> regard that you seek an opinion from either your Town Attorney <br /> or the Dane County Corporation Counsel on that matter. <br /> Because Dane County' s Zoning Ordinance in defining the C-1 <br /> classification incorporates the prohibition against outside <br /> storage from the business use section of the zoning ordinance, <br /> this amounts to the same prohibition being a prohibited use in <br /> the C-1 classification and is tantamount to repeating verbatim <br /> the specific portion of the prohibition in the business zoning <br /> classification. The Dane County Ordinance is worded in that manner <br /> in order to avoid repetitive verbiage. That, however, does not <br /> negate the effectiveness of having those incorporated provisions <br /> apply just as effectively as if they were completely written out. <br /> NOV 16 1987 <br /> RECEIVED <br /> ZONING DIV. <br />